Virginia House Bill HB799

Virginia 2022 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

Fines, costs, forfeitures, penalties, and restitution; collection fees.

Impact

The bill is poised to significantly impact how fines and court costs are collected in Virginia. By providing structured guidelines for clerks and attorneys for the Commonwealth on initiating collection activities, there is a potential for improved compliance with court-ordered payments. This structured system will streamline the process and may reduce the amounts of unpaid fines, costs, forfeitures, and penalties, which could ultimately depend on the efficiency of the reporting and collection protocols established under the new regulations.

Summary

House Bill 799 seeks to amend §19.2-349 of the Code of Virginia, which addresses the responsibilities concerning the collection of fines, costs, forfeitures, penalties, and restitution. The bill mandates that clerks of circuit and district courts provide monthly reports on all delinquent payments that have gone unsatisfied for more than 90 days. These reports aim to improve the tracking and accountability of outstanding fines and penalties imposed for violations of state laws or local ordinances. The provisions within the bill are designed to require more transparency and organization in the collection process, potentially increasing state revenue from these sources.

Contention

A notable point of contention may arise regarding the delegation of collection responsibilities. The bill allows attorneys for the Commonwealth to contract with private attorneys and collection agencies to pursue outstanding debts, which could lead to concerns regarding fairness and the potential for aggressive collection practices. Additionally, there are provisions to limit collection fees during periods of a defendant's incarceration or immediately following their release, which aims to alleviate the financial burden on those already facing criminal justice system challenges. However, debates may focus on the balance between effective collection and the rights and welfare of offenders.

Voting_history

The voting history for HB799 indicates that it faced recommendation from a subcommittee to be laid on the table, with a split decision (5 yeas and 3 nays). This suggests that there were differing opinions within the committee regarding the bill's necessity and efficacy in improving the judicial collection system.